Memphis Wrongful Death Lawyer

35 Years Fighting for Memphis Families. No Fees Unless We Recover.

At Donati Law, PLLC, we represent families who have lost a loved one to someone else’s negligence or misconduct. We understand the financial and emotional weight that follows an unexpected death, and we work to lift that burden by pursuing compensation your family may be entitled to seek. With more than 35 years serving Memphis and the Mid-South and a team carrying over 150 years of collective legal experience, we bring the depth of a large practice with the personal investment of a family-run firm.

Have you lost a loved one and believe another person’s negligent or reckless actions caused their death? Call Donati Law, PLLC today at (901) 209-5500 or contact us online for experienced legal representation.

What Tennessee Law Considers a Wrongful Death

Under Tennessee Code Annotated § 20-5-106, wrongful death is a death caused by the “wrongful act, omission, or killing by another” person, or by injuries inflicted by another. Because the person who suffered the harm is no longer alive to bring a claim, Tennessee law treats wrongful death as a special category of personal injury case and passes the right to file to designated family members or the personal representative of the deceased’s estate. It’s also important to understand that a wrongful death civil claim is entirely separate from any criminal prosecution arising from the same incident: the civil claim seeks financial compensation for the surviving family, while criminal proceedings seek punishment of the responsible party.

Common Causes of Wrongful Death Claims in Memphis

Wrongful death can arise from any circumstances in which negligence or misconduct leads to a fatal outcome. Some of the most common causes include:

• Motor Vehicle Accidents: Fatal crashes involving cars, trucks, motorcycles, or pedestrians often result from reckless, distracted, or impaired driving.
• Medical Malpractice: Surgical errors, misdiagnosis, delayed treatment, or medication mistakes can have fatal consequences.
• Workplace Accidents: Unsafe conditions, missing safety equipment, or inadequate training can cause fatal injuries, particularly in construction and industrial environments.
• Defective Products: When a manufacturer’s negligence puts a dangerous product into circulation, surviving family members may have a wrongful death claim against that manufacturer.
• Premises Liability: Fatal slip-and-fall accidents, inadequate security, and other unsafe property conditions can support a wrongful death claim.
• Criminal Acts: Intentional acts of violence can give rise to a wrongful death civil lawsuit alongside separate criminal charges.

Identifying the cause of your loved one’s death is a critical first step in establishing liability and pursuing compensation from those responsible.

Who Can File a Wrongful Death Claim in Tennessee?

Tennessee law limits who may file a wrongful death claim. The right belongs first to the deceased’s surviving spouse. If no surviving spouse exists, the right passes in the following order:

• Surviving children
• Surviving natural parents, provided the deceased was in their custody at the time of death and had not been legally surrendered or abandoned
• The administrator or personal representative of the deceased’s estate

Only one wrongful death lawsuit may be filed per incident. If multiple family members attempt to file separately, the court consolidates the claims and applies Tennessee’s statutory priority order to determine who proceeds. When minor children are involved, a court-appointed guardian may be designated to file on their behalf.

Recoverable Damages in a Tennessee Wrongful Death Case

Tennessee law allows surviving family members to seek several categories of compensation. The damages available depend on the facts of each case, but they generally fall into three groups.

Economic Damages
These cover measurable financial losses: medical expenses incurred before death, funeral and burial costs, the deceased’s lost future income and earning capacity, and the loss of financial benefits such as retirement or pension contributions.

Non-Economic Damages
These address losses that don’t carry a price tag but are no less real: loss of companionship and guidance, mental anguish and grief, and loss of enjoyment of life.

Punitive Damages
In cases involving malicious, intentional, fraudulent, or reckless conduct, punitive damages may be available under Tennessee law. These are awarded in limited circumstances and aren’t available in every case. Our attorneys can assess which categories apply based on the specific facts of your situation.

Tennessee’s One-Year Deadline to File a Wrongful Death Claim

Tennessee’s statute of limitations for wrongful death, governed by TCA § 28-3-104, gives families one year to file a claim. That clock begins on the date of the original injury that caused the death. It isn’t always the same as the date of death itself. A limited exception under TCA § 28-3-104(a)(2) may extend the deadline to two years when criminal charges are filed against the responsible party, but specific criteria must be met, and this extension isn’t automatic. If the deadline passes, the court won’t hear the case, and the family permanently loses the opportunity to pursue compensation. Contacting an attorney promptly also helps preserve evidence and witness accounts before they disappear.

Why Memphis Families Choose Donati Law, PLLC

Wrongful death cases are among the most complex and emotionally demanding matters in personal injury law. Families deserve representation from attorneys who bring both the depth to handle that complexity and the personal investment to treat each case as more than a file number.

A Family-Run Firm with Deep Roots in Memphis

Donati Law, PLLC is a family-run practice, which means clients receive direct, personalized attention rather than being passed through layers of staff. Our attorneys collectively carry over 150 years of legal experience, and we have secured millions of dollars in verdicts and settlements for clients across Memphis and the Mid-South over more than 35 years of practice.

Representation Regardless of Financial Status

We believe the legal system should work for everyone, not just those with the deepest pockets. We represent wrongful death clients regardless of their financial situation, and because we handle these cases on a contingency basis, there are no upfront fees. You don’t pay unless we recover compensation for your family.

Contact Our Memphis Wrongful Death Attorneys Today

If you’ve lost a loved one due to another person’s actions, don’t wait. Our attorneys can help you understand what damages your family may be able to recover and build the strongest possible case on your behalf. We’ve helped many Memphis families in similar situations, and we’re ready to fight for yours.

Ready to speak with a Memphis wrongful death attorney? Contact Donati Law, PLLC online or call (901) 209-5500 today. Consultations are free, and there are no fees unless we recover for you.